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HomeMy WebLinkAboutTB Minutes 1972-07-10(*tn //7 TOWN OP ITHACA REGULAR BOARD MEETING July 10, 1972 ^ At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town of Ithaca Offices at 108 East Green Street, Ithaca, New York, on the 10th day of July, 1972, at 5:00 p,m, there were ^ PRESENT: Walter J. Schwan, Supervisor Andrew W. McElwee, Councilman Noel Desch, Councilman -Victor Del Rosso, Councilman Robert N. Powers, Councilman ALSO PRESENT: James V# Buyoucos, Town Attorney Mrs, Barbara Holcomb, Chairman, Planning Boarcl Marion Morey, Highway Superintendent Reynolds Metz, Assistant Zoning Officer Hugh (Sam) MacNeil, County Representative Arthur L. Berkey Members of Radio, TV, and Press Supervisor Schwan called the meeting to order at 5:15 APPROVAL OF MINUTES Motion by Supervisor Schwan; seconded by Councilman Desch, RESOLVED, that the minutes of the meetings of June 5, 12, and I9 be approved as presented. Unanimously carried. REPORTS OF TOWN OFFICIALS Barbara Holcomb, Chairman, Planning Board, reported that she had in hand petitions from residents of Hasbrouck Apartments requesting a reduction of the speed limit along Pleasant Grove Road from the Cayuga Heights Village line to the intersection with Route 392 in Forest Home from 55 miles per hour to 30 miles per hour. She noted that Pleasant Grove Road is a County road. Mrs. Holcomb stated that the recommendation of the Planning Board is that the Town take what ever steps are necessary to effect this reduction. Parenthetically, Walter Schwan noted that the Town has made requests from time to time to the State Department of Transportation for a reduction in speed limits in various parts of the Town. O.'hese re quests go through the County Highway Superintendent and ho makes recommendations to the Department of Transportation. The Countj' Highway Superintendent has been asked to furnish the Town with a copy of his recommendations but has been unwilling to do so„ Mr. MacNeil, County Representative, said he had information that the County Highway Superintendent was preparing some material for the Town Board which would be self-explanatory in this regard. He said he would also talk to Mr. Stevenson about this matter and relay to the Board whatever he might learn. Councilman Desch asked Mr, MacNeil if there is a construction schedule with regard to the Forest Home bridges. He asked if this was a fill in job and whether they were doing it with their own crews. Mr, MacNeil thought they were doing it with their own crews but that he would look into it. Mr. MacNeil reported that on July 7th, 1972 there was a meeting of the Fire and Disaster Coordinator, Mr. John Miller, with Town Super visors and Town Highway Superintendents and others. It developed at this meeting that if the Town had suffered any damage at all as a result of the recent flooding it should list same on a form provided by the office of the Fire and Disaster Coordinator. They recommended (1) that the locations of the damage should be set out very specific ally, (2) that a complete description of the damage should be fur nished, and (3) an estimate of the cost be furnished. This informa tion should be forwarded to Mr. John Miller. It appears that the Town may be reimbursed for damages already repaired by the Town, repairs contracted for, and repairs to be made in the future, if all /C^ - 2 - July 10, 1972 damages and costs are justlfiedj the Town will be reimbursed 1005^ In such case. Mr. Morey, Town Highway Superintendent, was instructed to have the form filled out with the necessary information and see that it is for warded to Mr, Miller, Returning to the recommendation of the Planning Board for lowered speed limit on Pleasant Grove Road, the Town Board moved as follows: Motion by douncilman Desch; seconded by Supiervisor Schwan, RESOLVED, that the Town of Ithaca request that the Department of Transportation reduce the speed limit on Pleasant Grove Road from the Village line of the Village of Cayuga Heights to Route 392 in Forest Home frbm 55 miles per hour to 30 miles per hour. Unanimously carried. PUBLIC HEARING ON ORDINANCES ESTABLISHING WATER AND SEWER SURCHARGES , , ' ' Proof of posting end pub![.ication having been presented. Supervisor Schwan opened the'hberingjpn the proposed ordinances providing for the institution, ;A.dtilinisti*ation and collection of water rates, pur- suarlt to Article 12-C of the Town Law and the establishment of sewer rents, sewer rent funds pursuant tP Article 12-C of the Town Law and Article l4-P of the General Municipal Law, (It was noted at this time that Arthur L, Berkey was operating a tape recorder and several members of the Board objected to its use, Mr, Berkey asked the Board as a group to take a position on this matter. Councilman Del Rosso said it was established Board policy, Mr, Berkey asked if the prohibition extended to newspaper people. Newspaper people present indicated that they did not tape the Board meetings^ Mr, Berkey asked the Board for its objections. Councilman Powers said one reason was that on tape things can be recorded and reproduced later out of context which might make it appear that certain things were said that were not said. Councilman Desch noted that the Town Board has an official recorder whose duty it is to record the pro ceedings and that the recorded minutes are available upon request. Mr, Berkey said that from time to time there were certain omissions and that is luliy he wanted to use the tape recorder,. Mr, Berkey, how ever, did not insist on using the tape recorder,) Discussion with respect tc the water and surcharge ordinances resumed. It was brought out in the discussion that the bill for the surcharge would be mailed to the person In whose name the water meter is registeredc The person so addressed may or may not be the owner, A problem arose in that the owner of a property (who would ultimately be responsible for payment) might not know a bill had been rendered and remained unpaid. Attorney Buyoucos suggested, therefore, that owners should be advised in some way of such a possibility, since ultimately unpaid bills would become a charge on their tax bill and a lien on their property. (It was suggested that some kind of flyer be used to advise landlords of their ultimate responsibility.) Upon questioning by Mr, Berkey, Supervisor Schwan indicated that it was estimated that the annual cost of water repairs was between $29,000 and $32,000. Basically this is for electricity to run the pumps, and for the rent of telephone lines for telemetering signals. It also includes what the Town must pay the City of Ithaca for fire hydrants. It does not include sandblasting of standpipes, which would come under capital improvements and the cost of which could be derived from benefit income. Annual sewer charges were estimated at $2,000. The total value of water sold to the Town by the City last year was about $24-3,000. 15^ of this figures to something over $36,000.. Mr. Berkey wondered why the Town, then, was attempting to collect $36,000 rather than $33,000 or $34,000. Supervisor Schwan indicated that at the time the estimates were made it appeared a 159^ surcharge would provide the needed revenue. He said if it turns out that 155^ is too high, it can be lowered. One of the reasons for estimating on the high side is that the money will be collected six months after it is spent. /if - 3. - July 10, 1972 Mr. Berkey contended that at the time of dissolution of the water and sewer districts there was talk of a 15^ water surcharge but no mention was made of a 2^ sewer surcharge. Councilman Powers said that in general the 15^ was thought of as an average figure representing an approximation of what would be required. Some of the Board members felt that the sewer surcharge had been mentioned sometime during the proceedings with regard to dissolution, /l^ote: A 1^ sewer surcharge IS referred to on page l4 of the minutes of May 10, 1971, as part of the record of the public hearing on dissolution of the water and sewer districts^jV A question by Mr, Berkey elicited the information that the average water bill in the Town of Ithaca semi-annually is $30.00, Mr, Berkey pointed out that in view of the provision in the ordinance that calls surcharge of $1.00^ most people would be paying about a 3^ sewer surcharge rather than 2$^* • The Board as a whole was in clined to hold to the $1,00 minimum charge and did not feel it would be a hardship on anyone. Town Attofriey Buyoucos recommended that the ordinances be passed as presented and if after some actual experience it turned out to be unfair, the ordinances could be amended or the schedule revised. Referring to section (b)(2) in Schedule "A" (Schedule of Sewer Rents and Charges), Mr, Berkey ksked how the Board could "equitably deter mine the average amount of water use since he felt this would vary considerably. Supervisor Schwan said a Study of the records indicated that $60,00 a year was the approximate average water charge. Council man Powers said, however, he felt it would be necessary to retain the phrase determine equitably" since one might be dealing with a shopping center, a gas station, or the like, in which case it would be necessary to make a determination. Upon question from Mr, Berkey it was agreed that under changing circumstances the surcharge could be reduced, Mr, Del Rosso noted on the other hand, that under certain circumstances it might have to be increased, Mr, Buyoucos said it was simply a matter of having to raise a certain given number of dollars. Super visor Schwan pointed out that it was not the intent of the Board to raise more money than required, Mr. Berkey said he was bothered by the section of the proposed ordi nances relating to penalties for non-payment after a certain number of days from the date of mailing. Mr. Buyoucos suggested that the date of mailing be stamped on the bills which the Town will send out, Mr, Berkey agreed this would be fine if the stamping date and the mailing date are actually one and the same. The stamped (mailing date) would govern with respect to the assessment of penalties. Councilman McElwee suggested that the section with regard to $20,00 charge for disconnection or reconnection of meters be made a part of Schedule A in each ordinance, rather than a part of the body of the ordinance. The Board agreed to this change. Mr. Berkey asked the Board how it arrived at the $20,00 charge. He felt it was excessive and asked the Board what criteria were used in determining this figure. Supervisor Schwan said it was based generally on manpower and expense. Councilman Powers said it was an estimate and that considerable time was spent in meetings to arrive at what was considered a fair charge. Supervisor Schwan indicated that such a disconnection or reconnection would require a man and a truck and in many cases more than one trip, and possibly some telephone calls would be required to arrange for entry into some premises. Mr, Berkey per sisted in asking how the figure was arrived at, saying he had to assume it was an estimate. He felt that the Board had presented no hard facts and was operating by the "seat of your pants", that this was a money- making proposition and not a service to the Town, The Board as a whole reiterated that they felt that the $20.00 charge proposed is a very reasonable estimate. Attorney Buyoucos said that the Board should give consideration to Mr, Berkey*s concerns with regard to what the actual average cost is. Mr. Powers said that, with some experience, the Town would be building up some very specific records regarding picking up and delivering meters, and that adjustments could be made - 4 - July 10, 1972 if it turned out that the $20.00 charge was out of line. Mr. Berkey asked if these ordinances were subject to permissive referendum. Mr. Buyoucos said it was his opinion that they were not. No other persons wishing to be heard. Supervisor Schwan closed the hearing and called for a motion with respect -ko the two proposed ordi nances. Motion by Supervisor Schwan; seconded by Councilman Desch; RESOLVED, that the Town of Ithaca adopt an ordinance providing for the institution, administration, and collection of water i^ates pursu ant to Article 12-C of the Town Law, as follows: BE IT ORDAINED AS FOLLOWS: SECTION 1. The term "Water Rate" shall mean the rent, rate or charge imposed or levied by the Town of Ithaca, New York, or by any contracting municipality (now City of Ithaca, New York) for the use of water through the municipal water system^ i ^ SECTION 2. The term "municipal water system", aldb referred to herein as "water system" shall mean the water system owhed, and oper ated by the Town of Ithaca and shall include all reservoirfe, pipes and all other appurtenances which are used or useful ih whole or in part for the collection, impounding or distribution of watbr. The term "contracting municipality" shall mean the City of Ithaca or any other municipality, public authority, or public agency, with whom the Town contracts to receive a supply of water. SECTION 3. All revenues imposed hereunder, together with all interest and penalties thereon, shall be kept in a separate fund to be known as the Water Rate Fund to be used for the service rendered by the municipal water system and for the construction, operation, main tenance and repair of said system. SECTION 4. For the use of water and for the purposes herein set forth, the scale of water rates as set forth in Schedule "A" herein after appended hereto and made a part hereof is hereby established and imposed. SECTION (A) All water rates and charges due hereunder shall be paid to the Town Clerk of the Town of Ithaca at the Town Offices at 108 East Green Street, Ithaca, New York, except for such rates and charges which are due and payable to any contracting municipality under agreement with the Town of Ithaca. (B) The Town Clerk or other person authorized by the Town Board shall keep a record of all properties within the Town of Ithaca which are connected to the municipal water system and the municipal sewer system, and bills shall be mailed to the owner or any other person to whom a water bill is addressed, billed, or mailed by the contracting municipality, and at the address appearing on said bill. The failure of any owner or other user to receive a bill shall not excuse non-payment thereof, nor shall it operate as a waiver of the penalty herein prescribed. Notwithstanding any other provision id this ordinance, all water rates, surcharges, or other fees or charges relating to water service, shall be a charge against the owner of the premises connected with the municipal water system, and such owner shall be liable for the payment of all such rates and charges, including penalties and interest. (C) If rates or charges are not paid within 6o days from the date on which they are due, the Town Supervisor or other per son designated by him may cause a notice to be delivered or mailed to the owner or to any other person designated by the owner addressed to the address to which bills are to be sent, and to the occupant of the premises, addressed at the premises, stating the amount due and demand ing payment thereof within a period of at least 10 days of the date of the notice and stating that if such payment is not made, the water /7f - 5 July 10, 1972 service shall be discontinued, without further notice, and, at the expiration of such period the Town Supervisor, or any employee or officer of the Town designated by him, or the Town Board, or any employee of any contracting municipality, may enter on said premises and cause the water service to be disconnected. (D) Water rates and surcharges thereto shkll con stitute a lien on the real property served by the water system. The priority of such lien, and the enforcement and collection thereof and of such rates and charges shall be in accordance with paragraph (d) of subdivision 3 of Section 198 of th6 Town Law and in accordance with all other provisions of the Town Law arid tax law of the State of New York notinconsistent with the said paragraph, subdivision and section. (E) The Town may bring an action (a) as upon con tract for water rates, surcharges thereto, and all other charges in curred by the owner of the property in connection with water service, which are in arrears, together with interest and penalties thereon; (b) to foreclose liens for water rates and surcharges; (c) in addition, all such unpaid charges, ratfes ahd fees shall fee collected and enforced as provided for in paragraph (d) of subdivision three of Section 198 of the Town Law. SECTION 6. Any costs ahd expenses or other charges other than those hereinbefore described, incurred by the Town because of any repair or other work to the water system or otherwisfe for which the owner of any property served by or connected With the water system is obligated under this ordinance pr any other ordinance, statute or provision of law, shall be collected in the manner provided for the collection of water rates in this ordinance, ahd shall be a lien upon the property and bnforeceable in hccordarice with the provisions of this ordinance, or any other applicable provision of law. SECTION 7. Any duly authorized officer, employee, contractor, or agent of the Town or other person duly authorized by the Town Supervisor shall be permitted to enter on any property at reasonable hours for the purpose of reading meters, inspecting, disconnecting, repairing or for any other purposes reasonably necessary to carry out the provisions or purposes of this ordinance. SECTION 8. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part thereof which can be given effect without such invalid part or parts. SECTION 9* Each.property owner shall comply with all laws, ordinances, rules, and regulations of (a) any contracting municipality (now City of Ithaca) pertaining to and applicable to users of water supplied by the City of Ithaca and (b) of the Town of Ithaca. SECTION 10. No person, association, corporation or any other groups of persons shall connect with or use the Town water system without applying for and obtaining a permit from the Town Clerk or other person designated by the Town Board. No such permit shall be granted unless a valid building permit has been granted for the erec tion of any structure for which the water connection is sought. SECTION 11. The penalty for the violation of each and every separate violation of the provisions of Sections 9 10 of this ordinance, shall be a fine not exceeding $100.00 for each such separate violation of the provisions of said sections. In addition, each violation of the provisions of said sections shall constitute disorderly conduct, and the person committing each such violation shall be a disorderly person, and upon being convicted of being such a disorderly person, may be imprisoned for a period not exceeding 30 days. SECTION 12. This ordinance shall take effect immediately upon adoption, publication and posting as required by law. r - 6 - July 10, 1972 SCHEDULE "A" Schedule of Water Rates and Charges 1. Charges due to Contracting Municipalities (now City of Ithaca). A. The City of Ithaca is now providing water to the Town of Ithaca pursuant to contracts and agreements entered into between the said City and Town. Each owner of property connected to the municipal system shall pay when due all water rates and other charges to the appropriate contracting municipality furnishing such service in the amount for which he is billed, including all penalties and interest, 1. If any person shall fail to pay any vjater rate or other charges when due to the contracting municipality, and the Town of Ithaca makes the payment thereof, or becomes obligated for the payment thereof, to the contracting municipality pursuant to the terms of any agreement entered into between the Town and the said contracting muni cipality, or as may be required by law, then, in any such event, all such water rates or other charges so paid, or which the Town is obli gated to pay, shall be deemed to be unpaid water rates for the purpose of this ordinance, and shall be deemed to be a lien and collectible and enforceable in accordance with the provisions of this ordinance. 2. In addition to the rates and charges payable to the contracting municipality, there is also imposed an additional charge or surcharge upon said rates to be known as water rate surcharge as follows: (a) The surcharge shall be paid by consumers connec ted to the Town municipal water system* (b) The surcharge shall be 15^ of the net water bill payable by each consumer to the contracting municipality (now City of Ithaca) for the six months period preceding July 1 and January 1 of each year, but such surcharge shall not be less than the sum of $1.00, for each six month period. (c) Bills for the water rate surcharge shall be mailed semi-annually by the 15th day of January and July of each year or within twenty days of the date of mailing of water bills by any con tracting municipality (now City of Ithaca), whichever is the later date. The date on each bill shall also be deemed to be the date of mailing. (d) The water rate surcharge will be a net charge due and payable on or before the first day of August and February of each year, or not later than 16 days after the date of mailing of the bill, whichever is the later date; if such charge is not paid on or before said dates, a penalty shall be added thereto in the amount of 59^ of said bill if payment is made within 30 days of the due date of said bill, or 10^ of said bill if payment is made after 30 days from the due date of said bill. 3. The rents and rates herein provided for shall apply for the period beginning January 1, 1972. 2. Charges due to Town for disconnecting and reconnecting. In addition to any charge due to the contracting municipality, there shall also be due to the Town a charge of $20.00 for .discohhegting and a charge of $20.00 for reconnecting such water service, which shall be made and shall be enforceable in the same manner as water rates. Unanimously carried. l«MCj /;3 - 7 - July 10, 1972 Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that the Town of Ithaca adopt an ordinance providing for the establishment of sewer rents, sewer rent funds pursuant to Article 12-C of the Town Law and Article l4-.p of the General Munici pal Law, as follows: WHEREAS the Town of Ithaca.has constructed a public sewer system and may hereafter construct additions and extensions thereto and has entered into and may hereafter enter into agreements with the Village of Cayuga Heights, the City of Ithaca, or any other municipality, public authority, or public agency, all herein referred to as "con tracting municipality*, for the receipt and treatment of sewage wastes and materials: ROW, THEREFORE, BE IT ORDAINED by the Town Board of the Town of Ithaca as follows: SECTION 1. Use and ^lyose* The design of the sewer system is based on the collection of domestic sewage only and the approval of the New York Department of Health was given for the construction and use of sewers for this purpose only. No connection will be permitted to be made to the sanitary sewer system which carries or delivers any substance or material other than domestic sewage. Domestic sewage consists of the solid and liquid wastes from toilets, sinks, laundry tubs and washers, both public and,private, automobile washing sta tions, cleaning or dyeing works, laundries and similar establishments, bathtubs, shower baths, or equivalent plumbing fixtures. The drain age or flow from roofs, cellars, yards, springs, wells, swimming pools, foundation drains, roadways, or similar water drainage, is not domestic Sewage and the draining thereof into the sanitary sewer system is prohibited. SECTION 2. Any revenues derived by the Town of Ithaca from the sewer rents, including penalties and interest, shall be deposited 3n a special fund to be known as the "Sewer Rent Fund". Monies in such fund shall be used for the payment of the necessary management, main tenance, operation and repair (herein also referred to collectively as "Sewer Operations") of any sewer improvement or service provided by the Town or any sewer district, including any payment required to be made by the Town to any contracting municipality for such purposes, including interest and penalties. Except as otherwise stated in this ordinance, at any time, any surcharges on said sewer rents shall be used for the costs of sewer operations as above defined and shall be specifically designated for such purpose in the Sewer Rent Fund. SECTION 3. The sewer rents hereby established and imposed, and the basis therefor, are set forth in Schedule "A" annexed hereto and made a part hereof. The term sewer rent shall be deemed to be as defined in Article l4-F of the General Municipal law. SECTION 4. Sewer rents, surcharges on said rents, service fees, rental fees, and all other accounts relating to sewer service, either as defined herein, or any other law, will be billed and payable in accordance with, and at such times provided for in Schedule "A" annexed hereto and made a part hereof, SECTION 5. (A) All rents and charges due hereunder shall be paid to the Town Clerk of the Town of Ithaca at the Town Offices at 108 East Green Street, Ithaca, New York, except for such rents and charges which are due and payable to any contracting municipality under agreement with the Town of Ithaca, (B) The Town Clerk or other person authorized by the Town Board shall keep a record of all properties within the Town of Ithaca which are connected to the municipal water system and the municipal sewer system, and bills shall be mailed to the owner or any other person to whom a water bill is addressed, billed, or mailed by the contracting municipality, and at the address appearing on said bill. The failure of any owner or other user to receive a bill shall /7^ - 8 - July 10, 1972 not excuse non-payment thereof, nor shall it operate as a waiver of the penalty herein prescribed. Notwithstanding any other provision in this Ordinance, all sewer rents, surcharges or other fees or charges relating ,to sewer service, shall be a charge against the owner of the premises connected with the municipal sewer system, and such owner shall be liable for the payment of all such rents and charges, including penalties and interest. (C) If rents or charges are not paid within 60 days irom the date on which they are due, the Town Supervisor or other per son designated by him may cause a notice to be delivered or mailed to the owner or to any other person designated by the owner addressed to the address to which bills are to be sent, and to the occupant of the premises, addressed at the premises, stating the amount due and demand ing payment thereof within a period of at least 10 days of the date of the notice and stating that if such payment is not made, the sewer service shall be discontinued,.without further notice, and, at the expiration of such period the Town Supervisor, or any employee or officer of the Town designated by him, or the Town Board, or any employee of any contracting municipality, may enter on said premises and cause the sewer service to be disconnected. , (I^) Sewer rants and surcharges thereto shall constitute a lien on the real property served by the sewer system. The priority of such lien, and the enforcement thereof shall be in accord- with Article l4-P of the General Municipal Law which now provides that the lien shall be prior and siiperior to every other lien or claim except the lien of an existing tax, assessment or other lawful charge enforced by or for the State or a political subdivision or district thereof, i (E) The Town may bring an action (a) as upon con tract, for sewer r^nts, 'Surcharges thereto, and all other charges in curred by the owner of pi^opertj^ in connection with sewer service, " arrears, together with interest and penalties thereon, or (b) to foreclose liens for such sewer rents and surcharges. Also, in the alternative, the Toi'^n Board may cause any unpaid sewer rents, sur charges, or other charges to be levied and collected in the same manner and in the same time as the Town and County Tax in accordance with the provisions of Article l4-P (subdivision 4 of Section 452) of the General Municipal Law, or any amendment thereof. SECTION 6. Any costs and expenses or other charges other than those hereinbefore described, incurred by the Town because of any repair or other work to the sewer system or otherwise for which the owner of any property served by or connected with the sewer system is obligated under this ordinance or any other ordinance, statute or pro vision of law, shall be collected in the manner provided for the col lection of sewer rents in this ordinance, and shall be a lien upon the property and enforceable in accordance with the provisions of this ordinance, or any other applicable provision of law, SECTION 7. Any duly authorized officer, employee, contractor, or agent of the Town or other person duly authorized by the Town Supervisor shall be permitted to enter on any property at reasonable hours for the purpose of reading meters, inspecting, disconnecting, repairing or for any other purposes reasonably necessary to carry out the provisions or purposes of this ordinance, SECTION 8. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part thereof which can be given effect without such invalid part or parts. SECTION 9. This ordinance shall be deemed to be amendment of the ordinance entitled "An Ordinance Establishing and Imposing Sewer Rents Pursuant to Article l4-P of the General Municipal Law", adopted by the Town Board on August 11, 19^9> which shall continue in effect for the purpose of continuing any obligation or liability for the payment of sewer rents or other charges incurred by any owner of property or other person charged with such obligation or liability /7-f - 9 - July 10, 1972 for the payment of such charges or for the enforcement or collection of such charges under said prior ordinance, SECTION 10. This ordinance shall take effect immediately upon adoption, publication and posting as required by law. SCHEDULE "A" Schedule of Sewer Rents and Charges 1. Charges due to Contracting Municipalities (now City of Ithdca and Village of Cayuga Heights). A. Sewer collection and treatment service is now being pro vided to the Town by the City of Ithaca and the Village of Cayuga Heights. Each owner of property connected to the municipal system shall pay when due all sewer rents and other charges to the appropriate contracting municipality furnishing such service in the amount for which he is billed, including all penalties and interest. 1. If any person shall fail to pay any sewer rent or other charges when due to the contracting municipalitir> and the Town of Ithaca makes the payment thereof, or becomes obligated for the payment thereof, to the contracting municipality pursuant to the terms of any agreement entered into between the Town and the said contract ing municipality, or as may be required by law, then, in any such event, all such sewer rents or other charges so paid, or which the Town is obligated to pay, shall be deemed to be unpaid sewer rents for the purpose of this ordinance, and shall be deemed to be a lien and collectible and enforceable in accordance with the provisions of this ordinance. 2. In addition to the rents and charges payable to the contracting municipality, there is also imposed an additional charge or surcharge upon said rents to be known as sewer rent sur charge as follows: (a) The surcharge shall be paid by consumers connected to any Town sewer im-provement or service. (b) (1) The surcharge shall be 2 per cent of the net water bill payable by each consumer to the contracting muni cipality (now City of Ithaca) for the six months period preceding July 1 and January 1 of each year, but such surcharge shall not be less than the sum of $1.00, for each six month period; (2) in case a property is connected to the municipal sewer system, but is not con nected to the municipal water system, the surcharge shall be deter mined equitably by the Town Board or the Town Supervisor or such otVior person to whom this function is delegated based upon the average amount of water which such property would normally consume. In the case of dwelling structures, the minimum charge for each six month period shall be the sum of $1.00 for each separate dwelling unit in such structure. (c) Bills for the sewer rent surcharge shall be mailed semi-annually by the 15th day of January and July of each year or within twenty days of the date of mailing of water bills by any contracting municipality (now City of Ithaca), whichever is the later date. The date on each bill shall also be deemed to be the date of mailing. (d) The sewer rent surcharge will be a net charge due and payable on or before the first day of August and February of each year, or not later than 16 days after the date of mailing of the bill, whichever is the later date; if such charge is not paid on or before said dates, a penalty shall be added thereto in the amount of 5% of said bill if payment is made within 30 days of the due date of said bill, or 10^ of said bill if payment is made after 30 days from the due date of said bill. - 10 -July 10, 1972 3. The rents and rates herein provided for shall apply for the period beginning January 1, 1972, 2. Charges due Town for disconnection and reconnection. In addition to any charge due to the contracting municipality, there shall also be due to the Town a charge of $20^00 for disconnecting and a charge of $20.00 for reconnecting such sewer service, which shall be made and enforceable in the same manner as sewer rents. Unanimously carried. AUTHORIZATION TO ATTSMD MAGISTRATES' SCHOOL Motion by Supervisor Schwan; seconded by Councilman Powers, RESOLVED, that Justice Frederick R, Hartsock be authorized to attend Magistrates* School for newly elected justices to be held at St, Lawrence University the week of July lb, 1972, expenses to be paid for by the Town-* Unanimously carried. APPROVAL OF WARRANTS Motion by Councilman Desch; seconded by Councilman Del Rosso, RESOLVED, that the Warrants dated July 10, 1972, in the following amounts, be approved! General Fund $ 42,548,75 Highway Fund 2,421.93 Unanimously carried. INTERSECTION LIGHTS - EASTERN HEIGHTS Supervisor Schwan outlined that it is now a requirement of the Public Service Commission to have underground wiring for lighting in sub divisions where there are four or more dwellings. This type of wiring is considerably more expensive. Supervisor Schwan quoted figures he had received from the New York State Electric & Gas Corporation for intersections in Eastern Heights -- $150.00 per year for Charlene and Tudor, $150,00 per year for Eastern Heights Drive and Charlene: and $130.00 per year for Eastern Heights Drive and Sky-Vue. If the Town wants these installations, it would be necessary to re-negotiate the contract with the Gas & Electric Company to include an additional clause on underground wiring for street lights. The annual lighting bill for the Town at this time is $12,000 a year, not including Cayuga Heights. During the discussion the question was raised whether the County Assessment Department takes into account improvements like underground wiring in its property evaluations. Councilman Del Rosso felt we should defer the discussion until the next meeting and in the meantime contact the Assessment Department and find out how much effect underground wiring has on property values. TAX EXEMPT STATUS - CAYUGA HEIGHTS PARCEL ^ /^-/'/•/ Motion by Councilman Desch; seconded by Councilm^ Powers, RESOLVED, that premises owned by tte—ViJ-l^e^f Cayuga Heights front ing on Route 34, being tax parcelf^lB-l<y^^l^ being used for an addi tion to the Village of Cayuga Heights Sewage Treatment Plant, be granted exemption from taxes by the Town of Ithaca. Unanimously carried. AGREEMENT WITH CITY OF ITHACA FOR USE OF XEROX MACHINE Supervisor Schwan offered the following resolution and Councilman Powers moved its adoption: WHEREAS, the City of Ithaca has made available to the Town of Ithaca the use of a Xerox Machine at the cost of $30.00 per month rental for an unlimited number of copies per month. /?! il - July 10, 1972 0-4. BE IT RESOLVED that the Town agrees to pay theCity or Ithaca for the use of this copier at the above rate; and BE IT FURTHER RESOLVED thSt this agreement shall be in effect until cancelled by either the Citj^ or the Town, Seconded by Supervisor Schwan* Unanimously carried. WILLIS HILKER SUBDIVISION Hnkpr'^hT.!!n»h+ Zpnihg Offidp^ reported that Mr. Willis on IT * ^ ^03^ a building permit for a second house advfQort T»+L V® ; issued one to Mr. Bilker and was Mr Metf Sflfrt ho Officer Cowah that it was not an approved road.T+Aonf he, therefore^ advised Mr. Bilker that the Town of approved°Town"rLd!®''® ^ because Worthview West is not an regard to how much of the i^oad for the sub- hto Hilker Should be required to build before a permit could part of it """ build the whole road now or just a McElwee; seconded by Supervisor Schwan,RESOLVED, that Willis Hilker be allowed to construct the interior Tr^;o^o sections to the western extremities Q rZ construction to include a "T" between Lots 2 andy, ana when the second section is constructed the wings of the "T"will on which it is located willrevert back to the owners of Lots 2 and 9. ^ Unanimously carried. PERSONS TO BE HEARD; Arthur L. Berkey Be^rkey inquired which part of the water and sewer benefit formula ® refund to Mrs. Ellen Armstrong (indicated inSupervisor Schwan explained that Mrs.lives in the City of Ithaca; that her house and the majorityof her property is in the City of Ithaca. At the time the tax map Ithaca, and she was, mpn+ Unit. Mrs. Armstrong objected to the assessment. The Town was advised by the Assessment Department that the tax map was in error and that Mrs. Armstrong had only 45 feet in the Town. AvmL -.i® ^2 ® legal lot size in the Town of Ithaca and Mrs.Armstrong could not sell the 45 feet to anyone to build on, There- lore. It was the opinion of the Board that Mrs. Armstrong had no bene- refund based on one unit was made to her. Supervisor Schwan -D j case was not specifically covered in the formula, but thattne Board considered it a hardship case and felt the assessment was Attorney Buyoucos said the case is covered by law in that an assessment can only be made on the basis of benefit conferred. Supervisor Schwan noted that none of the pipe along Mrs, Armstrong's property was installed by the Town. When Mr, Berkey continued to press the subject Supervisor Schwan advised him that if he felt the Town Board did an unjustifiable act in this instance that he, Mr, Berkey, as a taxpayer, had a right to bring an action against the Board. VIWAY AMBEGAOKAR - REQUEST FOR WATER MAIN EXTENSION - SUGAR BUSH LANE At Mr. Berkey's request, with regard to Mr. Ambegaokar's request for a water main extension to his premises at 5 Sugar Bush Lane, let these minutes show that Mr. Ambegaokar had requested action in this matter in writing in January of I972. Mr. Berkey felt this ought to be recorded to give the matter total perspective. (See minutes of June 12, 1972, p. 161 in minute book.) /7f - 12 - July 10, 1972 NO PARKING ZONE ~ PLEASANT GROVE ROAD There was some discussion of setting up a public hearing to consider the establishment of a "No Parking" zone along Pleasant Grove Road from the Village of Cayuga Heights boundary line on the north to Forest Home Drive on the south. However, the Board felt it might be better to adopt an overall ordinance which would permit the Town to establish no parking zones in the Town of Ithaca. Then, as each in dividual afea came uj^) for consideration as a "No Parking" zone, it could be so designated, under the authority of the comprehensive ordinance with respect to 'No Parking" aread, by Way of a resolution of the Board. The matter was tabled pending further study by the Town Attorney. There being no further business to come before the Board, the meeting was adjourned. < . - ? ' / / ti Edward L. Bergen Town Clerk n